Tencent says “fame does not create a trademark” while defending Horizon Zero Dawn “slavish” clone in Sony lawsuit over survival game Light of Motiram

Tencent’s brief argues that Sony must follow proper procedures and sue the parties who, according to Tencent, actually engaged in the alleged infringement. The company contends there is no justification for allowing a deficient complaint to proceed against defendants it says are not responsible for the conduct alleged.

Sony previously countered that Tencent and its affiliated entities have engaged in conduct infringing SIE’s intellectual property, arguing the suit is not a mere “grab-bag” of unrelated companies. In its latest filing, Tencent presses additional defenses: it asserts the court lacks personal jurisdiction over Tencent Holdings and that Sony’s complaint fails in several other fundamental respects.

Tencent maintains that Sony has not alleged specific facts tying the three served defendants to the alleged infringement, neglected to plead essential trademark elements, and failed to show that the central claim—development of an allegedly infringing game—is ripe for adjudication. The company further states that Sony offers no supplemental evidence to support its allegations.

Throughout the filing, Tencent argues Sony does not demonstrate purposeful direction toward the forum, that exercising jurisdiction would be unreasonable, and that Sony fails to identify specific misconduct by the served defendants. Tencent also responds directly to Sony’s claim that Light of Motiram copies protected elements from Horizon Zero Dawn—most notably the character Aloy.

Tencent emphasizes that fame alone does not establish a trademark—marks must function as source identifiers for specific goods or services. The companies’ dispute appears far from resolved, with the litigation originating from scrutiny over Light of Motiram, an open-world survival title that drew attention for its resemblance to Horizon Zero Dawn.

Polaris Quest, the developer and a Tencent subsidiary, later removed images of robotic mastodons and characters resembling Aloy from the game’s Steam store page, but Sony’s legal action has persisted. Readers can expect further filings as the case develops.

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Source: gamesradar.com